Earrings & Liability

[Smitty]

Originally Posted by BayStateRef

The player later enters the game, with both earrings taped. The game proceeds without incident and I have not heard from any lawyers yet. That night I get a call from the tournament assignor, who officiated several games. He said he had an "earring incident" in one of his late games (girl playing with tape over earrings; not discovered until very late in game; he tells girl she cannot play with earring; girl, coach and parents say she has played all day like that and no other official said anything.)

If the safety issues don't convince you that you shouldn't let them play with jewelry, this should. You're screwing your fellow refs who now have to clean up your mess when they enforce the rule in the later games.

[BayStateRef]

Originally Posted by Smitty

If the safety issues don't convince you that you shouldn't let them play with jewelry, this should. You're screwing your fellow refs who now have to clean up your mess when they enforce the rule in the later games.

It was not the same player, but your point is valid. This girl claimed she wears them during her high school games all year. I have had her team in past years and I can promise it would never happen in a sanctioned MIAA game I work. I still don't understand why the girls don't take them out.

[JRutledge]

Originally Posted by Smitty

If the safety issues don't convince you that you shouldn't let them play with jewelry, this should. You're screwing your fellow refs who now have to clean up your mess when they enforce the rule in the later games.

We worry too much about what other officials do. I do not care what someone did before or even after me. I only can be responsible for what I do and what I am dealing with in that particular game.

Peace

[Odd Duck]

I have had a tournament director tell me the same thing. However, when I asked who he was going to get to officiate the game he just looked at me with an odd look and said "What do you mean?" I replied, "If she plays with earrings I will not be officiating."

Girl didn't play.

[Tim C]

In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

[BktBallRef]

Originally Posted by Tim C

In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

Thank you, Tim. This is exactly what an attorney told our group.

[Adam]

Originally Posted by BktBallRef

Thank you, Tim. This is exactly what an attorney told our group.

It makes total sense. It's becoming established legal doctrine that a person cannot truly sign away their liability, it seems.

Furthermore, even if Mom and Dad and all living Grandparents attempt to sign a waiver, you'd need to get one from every parent of every child playing in that game. And that's assuming the waivers would actually protect the official from liability; a dubious proposition at best.

Pushing for a waiver could be viewed as an acknowledgment of the dangers, leaving you wide open for a lawsuit.

[Nevadaref]

Originally Posted by Snaqwells

... you'd need to get one from every parent of every child playing in that game.

That was also my thought when reading the OP. He desired a waiver only from the player wearing the earrings, but what if another participant objected to being put in the dangerous situation of competing against or with such a player?

It isn't just about protecting the player wearing the earrings. Don't the other players on the court have to be protected from the possibility of suffering an injury from someone else's jewelry? Why wasn't the OP concerned with getting them to sign waivers as well?

[Mark Padgett]

Even in our local kids rec league, this is an inviolate safety rule. I once told a 7th grade girl she didn't have to take her earrings off as long as she took her ears off. I think she thought I was serious.

[BayStateRef]

Originally Posted by Nevadaref

That was also my thought when reading the OP. He desired a waiver only from the player wearing the earrings, but what if another participant objected to being put in the dangerous situation of competing against or with such a player?

It isn't just about protecting the player wearing the earrings. Don't the other players on the court have to be protected from the possibility of suffering an injury from someone else's jewelry? Why wasn't the OP concerned with getting them to sign waivers as well?

As stated in the OP, I asked the TD to sign the waiver as well as the girl's parent.

Your point is correct. Of course, none of the other girls complained nor did their parents or coach.

There is something at play with girl's basketball that this problem comes up repeatedly. TD's at many levels are not willing to stand up to the few players who want it all ways -- play; wear what they want; no responsibility for their actions. Overgeneralization? Yes. But it comes up often enough that there is more than a little truth to it.

[BillyMac]

My opinion:

If an official fails to notice a player warming up, or playing with an earring: Bad officiating, but probably not negligent.

If an official fails to notice a player warming up, or playing, with a taped earlobe: Bad officiating, but not negligent.

If an official notices a player warming up, or playing with an earring, and doesn't act upon it: Bad officiating, negligent.

If an official notices a a player warming up, or playing with a taped earlobe, and doesn't ask what's under the tape: Bad officiating, but not negligent.

If an official notices a player warming up, or playing with a taped earlobe, asks the player about it, gets a reply, "It's an earring", and doesn't act upon it: Bad officiating, negligent.

If an official notices a player warming up, or playing with a taped earlobe, asks the player about it, gets a reply, "It's a cut", accepts that reply, and later find that the player lied, had an earring, and was injured because of that earring: Good officiating, not negligent.

If an official officiates in a game using "hybrid" rules, i.e. number of fouls to bonus, running time, etc., and these "hybrid" rules are written down for all to see, and one of the "hybrid" rules is that players may wear earrings: Stick a copy of the rules in your bag, and "When in Rome ...".

[Jurassic Referee]

Originally Posted by BktBallRef

Thank you, Tim. This is exactly what an attorney told our group.

We had the same legal feedback.

[BayStateRef]

Originally Posted by Tim C

In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

Thank you. If you have an advance copy, please send me a PM. I definitely want this.

I will accept the lumps tossed at me for letting this go. I know that was correct when I told the girl she could not play...and I should have told the TD the same thing. No jewlery. No waivers.

The last time I told a girl she could not play with earrings, (younger girl; travel league; no TD to challenge me) she left the court in tears, but somehow returned a few minutes later without the earrings. I was quite surprised this varsity player (probably 16- or 17-years-old) didn't just remove the earrings. I have been told repeatedly that even new piercings do not close up in an hour or two.

[JugglingReferee]

Originally Posted by Tim C

In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

This is also true in Canada, but in football. I'm sure other sports have the same ruling from the law's POV.

[BktBallRef]

I would have told the tournament director that she could find someone else to work the game. I would not have allowed her to player with the earrings.